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FAO-1459-2023 Page 1 of 5

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

117

FAO-1459-2023(O&M)

Date of decision: 07.05.2026

Paramjeet Kaur & Others

...Appellant(s)

Vs.

Jaswant Singh & Another

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Vivek Suri, Advocate

Mr. Dushyant Godara, Advocate

Ms. Kritika Sharma, Advocate

Ms. Swati Bansal, Advocate

for the appellants.

***

NIDHI GUPTA, J.

CM-5537-CII-2023

This is an application under Section 173 of the Motor Vehicles

Act read with Section 5 of Limitation Act for condonation of delay of 212 days

in filing the appeal.

It is mentioned in Para 2 of the present application that:-

“2. That in the above noted case though the award was passed

on 25.08.2021 and the appellants misunderstood the fact that

the period of limitation is 90 days from the day, they receive the

amount of compensation. In the facts and circumstances of the

present case though the award was passed on 25.08.2021 but

the payment has been deposited by the respondent no. 3-

Insurance Company and the same has been credited in the

SUNENA

2026.05.08 14:43

I agree to specified

portions of this document

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account in the month of February, 2023 and after the receipt of

the payment when they contacted the undersigned counsel the

appeal had become barred by limitation by 212 days and the

appellants were apprised that the period of limitation was 90

days from the passing of the award. It is pertinent to mention

here that the appellant no. 1 is quite young and the appellants

no. 2 & 3 are in tender age and there is no one to guide them, as

such they could not get proper assistance and thus the delay has

occurred in filing of the appeal.”

The above cited reason does not constitute sufficient cause to

condone extraordinary delay of 212 days in filing the present appeal. As such,

the sole reason cited by the appellant is not sufficient ground to condone

delay of 212 days in filing the appeal. It is cardinal principle of law that delay

of each day has to be explained. Reference is made to a recent judgment of

Hon’ble Supreme Court in “Shivamma (Dead) by LRs Vs. Karnataka Housing

Board & Others” Civil Appeal No.11794 of 2025 decided on 12.09.2025. As

such, no ground is made out for condoning inordinate delay of 212 days.

Present application accordingly stands dismissed

MAIN CASE

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.13,78,058/- awarded by the Motor

Accident Claims Tribunal, Ludhiana (hereinafter ‘the learned Tribunal’) vide

Award dated 25.08.2021 passed in MACP-21-2018 filed under Section 166

SUNENA

2026.05.08 14:43

I agree to specified

portions of this document

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of Motor Vehicles Act (hereinafter “the Act”). The three claimants are the

widow and two minor children of deceased Chandan Kumar @ Bittu, who

was 32 years old at the time of accident.

2. Brief facts of the case are that the ld. Tribunal on the basis of

pleadings and oral & documentary evidence adduced by the parties,

concluded that the deceased Chandan Kumar @ Bittu had died due to the

injuries suffered by him in a motor vehicular accident that took place on

15.04.2015 at about 9:30 pm due to the rash and negligent driving of Truck

bearing registration No.HR-37-C-0938 (hereinafter “the offending vehicle”)

being driven and owned by respondent No.1 and insured by respondent

No.2. The compensation has been awarded along with interest @ 6% per

annum. Respondents were held jointly and severally liable to pay the

compensation.

3. Learned counsel for the appellants seeks enhancement of

compensation by submitting that income of the deceased has been taken on

the lower side. Interest should be awarded @ 7.5% per annum. It is

accordingly prayed that the present appeal be allowed and impugned Award

be modified.

4. No other argument is made on behalf of the appellants. I have

heard learned counsel and perused the case file in detail. I find no merit in

the submissions advanced